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A police patrol car on a city street at dusk

Mobile Council Members Press Mayor With Questions on Youth Curfew

James Bullard, August 25, 2011

Three Mobile city councilors met with Mayor Sam Jones to scrutinize his crime package, and they emerged with a lengthy list of pointed questions about a proposed youth curfew and an ordinance targeting sagging pants, signaling that the plan would face careful review before any vote.

Councilman William Carroll detailed the concerns he shared with colleagues Bess Rich and Gina Gregory in a letter to the mayor, pressing for data, guidelines and legal justification across a wide range of issues.

Demands for data

The councilors asked for statistics comparing juvenile and adult crime over a full year, including the types of offenses, where they occurred and at what times. They noted that the maps the Police Department had shown covered only juvenile crime during the proposed daytime curfew hours, and they wanted to know how many offenses had been committed by the same individuals, and in which areas.

The questions reflected a demand that the administration substantiate the need for a curfew with evidence rather than assertion, particularly given the significant enforcement apparatus the plan would require.

Enforcement and liability

Much of the letter probed the practical mechanics of enforcement. How would officers decide whether to detain a young person on the street, transport them home or take them to a curfew center? What would happen to a minor released after three hours when no parent or guardian appeared, and who would bear responsibility if harm came to a child afterward?

The councilors also questioned the capacity of municipal court, police manpower and social service partners to absorb the added workload, and they asked pointedly about liability if an officer transported a minor home and a problem later arose there. Because minors cannot be fined, they wanted to know how an ordinance carrying fines could be enforced against them at all.

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Constitutional concerns

The letter raised a series of legal objections, referencing questions posed by home-school advocates and a legal institute. The councilors asked whether the proposed ordinance was deficient under judicial tests, whether it was overbroad, vague or unconstitutional, and what compelling reason a court would accept for a daytime curfew.

They pressed on exemptions and proof, asking how a minor would demonstrate eligibility if enrolled in home or church school, running an errand, married, employed or attending college. They also challenged the sagging-pants provision, questioning its constitutionality and asking, pointedly, why it singled out certain attire while leaving other revealing clothing untouched.

A downtown precedent

The councilors noted that a curfew already existed for the downtown entertainment district but had not been enforced, and they asked what had changed to make enforcement possible now and to justify broadening it citywide. They also sought details on how the city would pay for the additional resources enforcement would demand.

A plan under the microscope

Taken together, the questions amounted to a thorough vetting of a signature public-safety initiative. Rather than reject the curfew outright, the council members demanded that the administration answer for its evidence, its logistics, its costs and its legality.

The exchange set the stage for a broader debate over how far the city should go in regulating the movement of young people, and whether the proposed measures could withstand both practical and constitutional scrutiny. For the moment, the mayor’s crime package faced a council determined to see its questions answered before proceeding.

Related posts:

  1. Should Mobile Pay Its Mayor Like a CEO? A Council Idea Stirs Debate
  2. Mobile Begins Enforcing Nighttime Teen Curfew Across the City
  3. A Greased-Pig Chase: Making Sense of Mobile’s Slippery Budget Fight
  4. Council Votes 5-2 for Sales Tax Increase, Ending Six Weeks of Political Theater
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Mobile Bess Richconstitutional lawcrime packageCurfew Assessment CenterenforcementGina Gregorygovernancehome schooljuvenile crimelocal politicsMobileMobile City CouncilMobile Countymunicipal courtordinancepublic safetySam JonesSouth AlabamaStrickland Youth CenterteenagersWilliam Carrollyouth curfew

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